I am in a committed same-gender relationship. Am I entitled to get married, and then get benefits?
On June 26, 2015, the U.S. Supreme Court in Obergefell v. Hodges, 576 U.S. ___, No. 14-556 (June 26, 2015), held that the Equal Protection and Due Process Clauses of the Fourteenth Amendment require marriage for same-sex couples be afforded “on the same terms as accorded to couples of the opposite sex.” Id., slip op. at 27.
The opinion took effect immediately upon issuance.
Texas County Clerks began issuing marriage licenses shortly after the opinion was issued, on June 26, 2015.
The state of Texas, including all public employers, began providing benefits to married same-gender couples as of July 1, 2015.
If you are in a committed same-gender relationship, are otherwise qualified to be married, and have been denied the right to marry since June 26, 2015, your rights may have been violated.
If you are married to a spouse of the same-gender, and have requested but are being denied benefits that opposite-gender married couples receive, your rights may have been violated.
To quote a lawyer who normally defends businesses: “The Supreme Court decision is very broad. This issue is done. Make the changes and move on.”